Getting married in Texas? A prenuptial agreement lets you set clear expectations about property, debt, and (where allowed) support—so you’re not relying only on default state rules.
Key points
- Prenups are recognized if they’re voluntary, in writing, and signed by both partners.
- Unenforceable if involuntary, unconscionable at signing, or lacking disclosure without waiver.
- Texas follows the UPAA. Must be in writing, signed before marriage. Notarization is not required but recommended. Full disclosure or waiver is necessary.
- This is a <strong>community‑property</strong> jurisdiction—your prenup can define what stays separate and how community property is handled.
Are prenups legal in Texas?
Texas follows the UPAA. Must be in writing, signed before marriage. Notarization is not required but recommended. Full disclosure or waiver is necessary.
What makes a Texas prenup enforceable?
Unenforceable if involuntary, unconscionable at signing, or lacking disclosure without waiver. Texas also requires that the agreement not eliminate spousal maintenance if doing so would cause a spouse to become eligible for public assistance.
What you can—and can’t—include
May waive property rights, alimony, and inheritance; child-related clauses are unenforceable.
Simple process
Disclose assets fully, sign early, notarize, and consult counsel if possible.
Next steps
General information only, not legal advice. Laws and cases change—consider speaking with a local attorney about your situation.
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